US senators move to reverse Trump rule affecting Indian H-1B spouses
US senators move to block Trump rule, saying it unfairly hurts Indian H-1B spouses and disrupts families’ livelihoods.
Indian professionals and their families feel the sharpest impact when US employment-based immigration policies change suddenly or unfairly.
Washington: A group of influential US senators has introduced legislation to overturn a Trump administration rule that ends automatic renewals of work permits for certain noncitizens, a move that lawmakers warn could significantly disrupt the lives and livelihoods of thousands of immigrants — especially Indian nationals and spouses of H-1B visa holders.
The senators have brought forward a resolution under the Congressional Review Act (CRA) seeking to reverse an interim final rule issued by US Citizenship and Immigration Services (USCIS). The rule, announced on October 30, eliminates automatic extensions of employment authorization documents (EADs) for 18 categories of noncitizens. Among those affected are refugees, individuals granted asylum or temporary protected status, and spouses of H-1B nonimmigrants — a group that includes a large number of Indian professionals and their families legally residing in the United States.
Senator Alex Padilla, a Democrat from California and the ranking member of the Senate Judiciary Subcommittee on Immigration, Citizenship and Border Safety, is leading the effort alongside Senator Jacky Rosen of Nevada. They are joined by nine other senators who argue that the policy change is both harmful and unnecessary, particularly given longstanding processing delays at USCIS.
Work permits are essential for noncitizens with valid legal status to remain employed and financially stable. Under the previous system, individuals who submitted their renewal applications within the required timeframes automatically received an extension, allowing them to continue working while USCIS processed their paperwork. The Trump-era rule removes that safeguard, meaning applicants could be forced to stop working once their permit expires, even if their renewal request was filed on time and remains pending due to agency backlogs.
Supporters of the CRA resolution say this change unfairly punishes people for delays beyond their control. USCIS processing times for work permit renewals can stretch for months, leaving families suddenly without income. Lawmakers backing the measure warn that the rule could push legally authorised workers out of their jobs, disrupt businesses and place unnecessary strain on households that are already navigating a complex immigration system.
According to the senators, the impact could be widespread. They estimate that the rule would affect 87 per cent of all pending EAD renewal applications. That could translate into tens of thousands of workers — many of whom have already undergone extensive background checks and vetting — losing their right to work simply because their cases are stuck in processing queues.
Indian nationals are expected to be among the most affected. Spouses of H-1B visa holders make up a significant share of EAD holders, and many play a crucial role in household incomes. In numerous cases, these spouses work in healthcare, technology, education and other essential sectors. Lawmakers argue that cutting off their ability to work, even temporarily, would have ripple effects across local economies and workplaces.
Senator Jacky Rosen stressed the economic stakes involved, particularly for states like Nevada that rely heavily on immigrant labour.
The resolution has drawn broad Democratic support. Its co-sponsors include Senators Michael Bennet of Colorado, Chris Coons of Delaware, Catherine Cortez Masto of Nevada, Dick Durbin of Illinois, Angus King of Maine, Adam Schiff of California, Together, they argue that maintaining automatic extensions is a practical solution that keeps businesses running while USCIS works through its backlogs.
Under the Congressional Review Act, Congress has the authority to overturn recently finalised federal regulations through a joint resolution of disapproval, provided it acts within a limited time window. If the resolution passes both the House and the Senate and is signed into law, the USCIS rule would be nullified. The agency would also be barred from issuing a substantially similar regulation in the future without explicit congressional approval.
For now, immigrant families and employers are watching closely. Many fear that without legislative intervention, the rule could bring sudden job losses, financial instability and renewed uncertainty to people who are legally living and working in the United States.